RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060008861 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.



Acting Director



Analyst


The following members, a quorum, were present:




Chairperson


Member


Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his effective date and date of rank (DOR) for promotion to lieutenant colonel (LTC) be changed from 12 May 2006 to 31 May 2005.

2.  The applicant states, in effect, that he was selected for promotion to LTC by the 2004 LTC promotion board with an effective date of 31 May 2005.  He also states that he met all of the eligibility requirements at that time, which he can prove.  He further states that at the time of his promotion selection, he was filling a LTC position that he had been in for 18 months; however the National Guard Bureau (NGB) failed to promote him. 

3.  The applicant provides the following documents in support of his request:  Self-Authored Statement; Headquarters, United States Army Pacific (USARPAC) Orders Number R-117-001, dated 27 April 2005; Army Human Resources Command, St. Louis, Missouri (AHRC-St. Louis); Promotion Memorandum, dated 14 December 2004; Person Summary; Department of the Army (DA), 9th Regional Readiness Command Orders Number 06-132-0004, dated 12 May 2006; Personnel Action (DA Form 4187); Army National Guards (ARNG) 
Staff Management Office, Table of Distribution and Allowances, dated 11 August 2005; Biographical Record Brief Commissioned Officer; and Army Physical Fitness Test Scorecard (DA Form 705).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that after having served in an enlisted and commissioned officer status in both the Regular Army and United States Army Reserve (USAR), he was appointed a Reserve officer in the California Army National Guard (CAARNG), in the rank of major (MAJ) on 16 June 2000.

2.  The applicant's record shows he was promoted to the rank of MAJ on 1 June 1998, which established his Promotion Eligibility Date (PED) to lieutenant colonel (LTC) as 31 May 2005.  

3.  The applicant's Official Military Personnel File (OMPF) contains a DA Form 4187, which shows he was placed in the Assistant Deputy Chief of Staff, National Guard (Paragraph 199, Line 02), United States Army South (USARSO), 
Fort Sam Houston, Texas, effective 15 November 2004.  


4.  On 14 December 2004, AHRC-St. Louis, issued an Eligibility for Promotion Memorandum, which showed the applicant was selected for promotion to LTC by the 2005 Reserve Component Selection Board (RCSB).  It stated that the effective date of the applicant's promotion would be one of the following dates:  31 May 2005 (PED); date Federal Recognition was extended in the higher grade; or date following the date Federal Recognition was terminated in the current Reserve grade.  

5.  On 1 February 2005, the CAARNG issued a Memorandum that indicated that Active Guard Reserve (AGR) officers were under an automatic delay of promotion.  The applicant acknowledged his understanding of the policy and authenticated this memorandum with his signature.  

6.  On 27 April 2005, NGB Orders Number 117-30 directed the applicant's assignment to USARSO, Fort Sam Houston on 9 May 2005, to serve as the Deputy Senior Army National Guard Advisor in Paragraph 199 and Line 02.  

7.  On 24 March 2006, the CAARNG issued Orders Number 83-1263, which directed the applicant's separation from the CAARNG, effective 12 May 2006.  

8.  Department of the Army (DA), Regional Readiness Command Orders Number 06-132-00004, dated 12 May 2006, ordered the applicant to active duty in support of Operation Iraqi Freedom.  

9.  Headquarters, United States Army Pacific (USARPAC) issued Orders Number R-117-001, dated 27 April 2006, which announced the applicant's promotion to LTC effective and with a date of rank of 12 May 2006.  

10.  During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB.  This official recommended the applicant's date of rank be changed to 31 May 2005 and indicated the applicant should have been promoted by the CAARNG on that date based on his assignment to a LTC position as the Assistant Deputy Chief of Staff, National Guard, and his unit never should have had him sign an involuntary delay of promotion.  The applicant concurred with this opinion on 5 February 2007.  


11.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of USAR and ARNG officer.  It specifies that completion of 7 years of time in grade as a MAJ is the Maximum Time In Grade (MTIG) requirement for promotion to LTC.  Paragraph 4-15c states, in pertinent part, that officers serving on active duty in the AGR may be promoted or extended Federal Recognition in a higher grade provided the duty assignment/attachment of the officer requires a higher grade than that currently held by the officer.  

12.  The RC officer promotion regulation further states that AGR officers who have been selected for promotion and are not assigned/attached to a position calling for the higher grade will receive a delay of promotion without requesting such action.  AGR officers will remain on the promotion list and serve on active duty in the AGR program until they are removed from the promotion list, promoted to the higher grade following assignment/attachment to an AGR position calling for the higher grade, or promoted to the higher grade, if eligible, following release from active duty.  

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, an AGR officer may be promoted or extended Federal Recognition in a higher grade provided the duty assignment/attachment of the officer requires a higher grade than that currently held by the officer.  

2.  The evidence of record confirms the applicant was assigned to a LTC position on 15 November 2004, as evidenced by the DA Form 4187 on file, as confirmed in the NGB advisory opinion; and that he was serving in that position when he was selected for promotion to LTC by the 2004 RCSB, which adjourned on 
29 September 2004.  

3.  The record also confirms the applicant's LTC PED was 31 May 2005, based on MTIG provisions of the regulation, and that the promotion eligibility memorandum issued by AHRC-St. Louis on 14 December 2004 authorized his promotion to LTC on his PED if he was otherwise eligible.  

4.  In the advisory opinion they provided, NGB officials confirm the CAARNG erroneously required the applicant to sign a delay of promotion memorandum and that the applicant was serving in a LTC position and should have been promoted on his PED, which was 31 May 2005.  Therefore, it would be appropriate to correct the applicant's record to show the involuntary delay of promotion the applicant was required to sign was erroneous; to show he was promoted to LTC effective and with a date of rank of 31 May 2005; and by providing him all back pay and allowances due as a result.  

BOARD VOTE:

___JS __  __DKH __  __JGH __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to Lieutenant Colonel effective and with a date of rank of 31 May 2005; and by providing him all back pay and allowances due as a result.  




_____John Slone________
          CHAIRPERSON




INDEX

CASE ID
AR20060008861
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/19
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.